Retrial begins in civil case against contractor accused in Abu Ghraib prison scandal

ALEXANDRIA, Va. – A military contractor accused of helping to abuse detainees at Iraq's Abu Ghraib prison two decades ago is back on trial in federal court after a long-awaited civil trial ended with a hung jury earlier this year.

The retrial of CACI, based in Reston, Virginia, began Wednesday with jury selection and opening statements. Three former Abu Ghraib detainees sued CACI in 2008, alleging that civilian interrogators at the prison conspired with soldiers there in 2003 and 2004 to abuse detainees in order to “soften them up” for questioning.

CACI has long denied wrongdoing. The company said its employees had minimal interaction with the three plaintiffs in the case and that any liability for their mistreatment rested with the government, not CACI, because the civilian interrogators were acting under the command and control of the military.

After 15 years of legal wrangling and multiple appeals, the case was finally heard in U.S. District Court in Alexandria earlier this year. The trial marked the first time in 20 years that a U.S. jury heard the claims of Abu Ghraib survivors, since photos of abuses of detainees accompanied by smiling U.S. soldiers who perpetrated the abuses leaked to the world during the U.S. occupation of Iraq shocked.

Ultimately, however, the eight-member jury could not agree on whether CACI should be held liable. After eight days of deliberations, a mistrial was declared in May. Several jurors told the Associated Press that the majority of jurors sided with the plaintiffs.

The jury said in notes sent to the judge during deliberations that it was wrestling with a legal principle known as the “borrowed servant” doctrine.

CACI, as one of its defense parties, has argued that it should not be held liable for any misdeeds committed by its employees if they were under the control and direction of the army.

Before the retrial began Wednesday, plaintiffs' attorneys argued that CACI should be barred from presenting the hired servant defense to the jury. But U.S. District Judge Leonie Brinkema denied that request.

In their opening statements Wednesday, lawyers for both sides addressed the question of who had control over CACI personnel at Abu Ghraib.

“The Army controlled all aspects of the work of the CACI interrogators. Everything,” said CACI’s lead attorney, John O’Connor. “The army is quite jealous of protecting its authority in a war.”

On the other hand, Baher Azmy, an attorney with the Center for Constitutional Rights, which filed the case on behalf of the three detainees, cited passages from the Army Field Manual and the Army's contract with CACI indicating that CACI was responsible for surveillance Own staff is responsible.

Despite that responsibility, Azmy said, CACI “turned a blind eye to its employees' misconduct” and “collected $31 million under a contract.”

The trial, which is expected to last until next week, will in many ways be a repeat of the trial earlier in the year. All three plaintiffs are expected to testify live about what they experienced in prison, with one testifying in person and two others testifying via video from Iraq.

None of the three plaintiffs are depicted in any of the infamous photos that circulated more than 20 years ago when the Abu Ghraib scandal came to light. However, they have alleged that they suffered similar abuse to that seen in these photos, including beatings, forced nudity and being handcuffed in stressful positions.

CACI's attorney did not dispute that horrific abuses occurred at Abu Ghraib, but questioned whether the three plaintiffs in the case were truthfully describing their experiences. He said their current allegations were different than those made 20 years ago, with the focus now on abuses by civilians rather than soldiers. He also said that the people who actually interrogated the detainees denied that they had been ill-treated.

The jury will also hear directly from a retired army general, Antonio Taguba, who investigated the Abu Ghraib scandal.